Environmental Law

Wandering / Wondering - a series

by Luke Bennett

An ongoing family of walk-inspired blogs meditating on traces and functions encountered within the built environment.... more An ongoing family of walk-inspired blogs meditating on traces and functions encountered within the built environment. Blog-essays to date have pondered the role of hilltops, the ability of cities to erase traces of air raids and the enduring role of the sublime in the aculturation of perilous mountain pathways. Michel de Certeau gets a look-in quite a bit. At times the essays are tending towards the psychogeographical, at others they ponder the lived physical expression of law and engineering infrastructure.

Отражение экологической политики Индии и Китая в научном и общественно-политическом дискурсе [Reflexions of Indian and Chinese environmental policies in scientific and socio-political discourse]

by Ivan Sablin

published in Terra Humana: Общество, Среда, Развитие, no. 3, 2011, pp. 204–208.

Перед Китаем и Индией сегодня стоит сложная задача решения экологических проблем. Усилия правительств в данном... more Перед Китаем и Индией сегодня стоит сложная задача решения экологических проблем. Усилия правительств в данном направлении рассматриваются представителями научных и общественно-политических кругов двух стран как неэффективные, хотя в целом КНР добилась некоторых успехов. В научной литературе и в прессе предлагается целый ряд рекомендаций по совершенствованию экологической политики двух стран. Именно им и посвящена настоящая статья.

Теоретические аспекты экологической политики [Environmental policy: Theoretical aspects]

by Ivan Sablin

published in Молодой ученый, no. 6-2, 2011, pp. 58–65.

Экологическая проблематика стала предметом интереса целого ряда общественных наук в конце 1960-х – начале 1970-х... more Экологическая проблематика стала предметом интереса целого ряда общественных наук в конце 1960-х – начале 1970-х годов. Экологические направления появились в рамках многих дисциплин, включая экономику, социологию и политологию. Обращение экономистов, политологов и социологов к взаимоотношениям общества и природы обусловлено, прежде всего, теми социальными и политическими процессами, которые начались в западном мире в 1960-х годах. Всплеск общественного интереса к экологическим проблемам и все более широкое осознание глобального характера происходящих в окружающей среде изменений не только привели к появлению новой области исследований, но и стали вызовом для тех, кто принимает политические и экономические решения. В рамках различных научных дисциплин, а также на междисциплинарном уровне был разработан целый ряд концепций экологической политики.

Colorado Water Law & The Last GASP

by Keli Rae

Draft only

In 1991, House Bill 91-1154 passed the Colorado Water Conservation Act requiring all water providers with annual... more In 1991, House Bill 91-1154 passed the Colorado Water Conservation Act requiring all water providers with annual demands of 2,000 acre-feet or more to have an approved Water Conservation Plan on file with the State (Kathlene 2010). During the Colorado drought of 2000-2002, water supply and appropriation in the lower South Platte River region of Colorado became a critical statewide problem affecting many senior and junior rights users profoundly. The state experienced the most severe single-year (2002) drought on record, prompting Colorado lawmakers to consider forty-three water bills and resolutions, many aimed at statewide drought relief.

Offshore Marine Conservation Policies In the North East Atlantic: Emerging Tensions and Opportunities

by Elizabeth De Santo

Co-authored with Peter JS Jones

An inherent tension exists between legal approaches to nature conservation and fisheries management in the European... more An inherent tension exists between legal approaches to nature conservation and fisheries management in the European Union, as the former remains the remit of Member States while the latter is under the exclusive legislative jurisdiction of the European Community (EC). This tension is of particular importance when addressing the conservation of habitats or species that are under threat from fishing activities. This article examines recent developments in offshore marine conservation in the North-East Atlantic in light of the legislative developments and political frameworks that are currently evolving. By analysing the emergency closure of the Darwin Mounds area of cold-water corals and the UK pair-trawl ban, it becomes evident that the precautionary principle is a key factor in the tension between fisheries management and marine nature conservation, and is not always taken into account.

Recent Developments in the Niger Delta of Nigeria: Enforcing UNEP EA Report of Ogoniland

by Saheed Alabi

International Union for Conservation of Nature Academy of Environmental Law eJournal, Vol. 1, p. 162, 2012 (http://www.iucnael.org/en/e-journal/current-issue-.html)

The Federal Government of Nigeria (FGN) requested the United Nations Environment Programme (UNEP) to carry out an... more The Federal Government of Nigeria (FGN) requested the United Nations Environment Programme (UNEP) to carry out an environmental assessment of Ogoniland due to perpetual oil spillages and gas flaring by the multinational oil companies, specifically Shell Petroleum Development Company (Nigeria) Ltd (SPDC). The Environmental Assessment Report (EA Report) was finalised and submitted to the FGN in August 2011 for review and implementation.

The aim of this country report is to determine the sincerity of the FGN in finding the lasting solution to the severe environmental degradation in Ogoniland. This is imperative because of the historic failures of the Nigeria Government to implement recommendations contained in environmental assessment reports of this nature and to enforce judicial decisions.

It is also necessary so as to ascertain whether the commissioning of the EA Report was simply a political gimmick to project to the world that Nigeria is working in the interest of establishing a healthy environment for the people of the Niger Delta, following civil unrests in the area which have been partly responsible for lowering crude oil exports. Another potential area of concern is whether there is any provision within Nigeria’s domestic legislation for compelling the Government to implement the EA Report’s recommendations should it fail to do so. Alternatively, would it be more desirable to invoke provisions of international laws to compel Nigeria to implement these recommendations? Whilst it has been suggested that SPDC and the FGN should contribute US$1 billion as starting capital for the implementation of the EA Report’s recommendations, it is unclear whether the SPDC and FGN are under any obligation to do so. What is furthermore unclear is the implication of their failure to make such a contribution.

America's Emissions Trading Scheme: Applicability to China's Environmental Protection

by Shiran Shen

The Dialectics: Journal of Leadership, Politics, and Society, 2011

EU Law and Sustainability in Focus: Will the Lisbon Treaty Lead to ‘The Sustainable Development of Europe’?

by Frances Aldson

Through the adoption of the Lisbon Treaty, the EU has set itself the task in treaty law to ‘work for the sustainable... more Through the adoption of the Lisbon Treaty, the EU has set itself the task in treaty law to ‘work for the sustainable development of Europe’. In doing so, it has created one of the most explicit legal commitments to a sustainable future anywhere in the world.

Given the EU’s repeated commitments to the Brundtland definition of sustainable development, with intergenerational equity at its core, this paper will contend that fulfilling the treaty objective requires a fundamental change in the EU’s legal approach to sustainability. Rather than a ‘three equal pillar approach’, true sustainable development depends on the ecological base being maintained – elevating environmental protection over economic and social concerns.

By contrast, the current approach of EU law to environmental sustainability through economic growth can only result in one outcome – a less ecologically–damaging growth model, but one which ultimately fails to uphold the integrity of the planet for those yet to inhabit it.

"La complémentarité des restrictions d’exploitation et des mesures de contrôle au sol pour limiter les nuisances sonores aéroportuaires", Journal d'Actualité des Droits européens (JADE)

by Vincent Correia

Determining Hierarchy Between Conflicting Treaties: Are There Vertical Rules in the Horizontal System?

by Ahmad Ali Ghouri

Asian Journal of International Law

Treaties are contractual instruments that may provide special rules of priority in case they conflict with other... more Treaties are contractual instruments that may provide special rules of priority in case they conflict with other treaties. When a treaty does not provide such rules, however, priority is determined by the rules of the Vienna Convention on the Law of Treaties (VCLT) and/or general principles of law. This article argues that both the VCLT and general principles of law do not provide an adequate solution to treaty conflicts. It suggests that the solution to treaty conflicts rests in a value-oriented reading of international law and the norms incorporated in treaties. Norms represent values and values represent interests or benefits for which international society requires protection. Conflicts of treaty norms are, therefore, conflicts of values that courts and dispute settlement bodies resolve by ordering a hierarchy of competing interests and protecting the most important interests in a given context.

Metal theft & memory theft – valuing sentiment in punishing war memorial attacks

by Luke Bennett

This essay reviews recent moves in the UK towards introducing specific legislation to address metal theft and suggests... more This essay reviews recent moves in the UK towards introducing specific legislation to address metal theft and suggests that existing sentencing guidance - and specifically its acknowledgment of "sentimental value" - could be used to encourage tougher sentencing of metal thieves who target war memorials.

On the on switch – tentative steps towards a phenomenology of the law/thing, thing

by Luke Bennett

This essay traces the origins of an electric razor's on button, through the International Electrotechnical... more This essay traces the origins of an electric razor's on button, through the International Electrotechnical Commission's 60417 (IEC 417) technical standard, via the labelling requirements of the EU Machinery Directive 2006/42/EC and into the hand and everyday pragmatic purpose of the user. In doing so it reflects on the quiet role of law in structuring the form and presentation of made-things and the under-explored relationship between the technical world of codes and standards, and the world of the lawyer and his texts.

(2011) American State Litter Scorecard: New Rankings for An Increasingly Environmentally Concerned Population

by Steve Spacek

Cited by THE BOSTON GLOBE and numerous Newspapers; TRAVEL+LEISURE; "Reducing Litter on Roadsides" Academic Journal of (U.S) National Transportations Academies.

By popular demand--a NEW, up-to-date State Litter "Scorecard" is now released for the 2011 ASPA Baltimore... more By popular demand--a NEW, up-to-date State Litter "Scorecard" is now released for the 2011 ASPA Baltimore Conference--measuring each state’s overall environmental quality through public property/spaces debris removal efforts. The “Scorecard” uses tried-and-true, hard-to-publicly obtain objective and subjective measures, leading to a total overall score for each measured jurisdiction. Readers can thus gain a realistic "picture" of "what's going on" within one or all of the 50 states. Littering/dumping remains harmful, serious American environmental crimes, creating dangers to public health and safety, and contributing to the deaths of over 800 Americans in debris-attributed motor vehicle accidents. The Scorecard has been a valuable tool in enabling improved debris/litter abatement practices in states and regions.

Washington was deemed the overall top BEST state, followed by California, Iowa, Maine, Connecticut, Rhode Island, Vermont, Oregon, New Hampshire, North Carolina and New York. Kentucky led the bottom –the ultimate WORST and poorest performer of the 50 United States, followed by Louisiana, Mississippi, Nevada, Alabama, Indiana, Georgia, Illinois, Oklahoma, Montana, North Dakota and Texas.

Regretfully, some states still do not collect important comparative litter data measures, nor yet to have made REAL differences in improving environmental conditions to protect citizenry health and welfare. This paper is yet another call to action to help remedy these unattended-to issues—and, to save lives.

Radiaoctivity in Cigarette

by Prof.Dr. İbrahim USLU

Turkish Journal of nuclear Sciences Volume 25 no:2 pp 1998
ibrahim Uslu, E. Tanker, M.L. Aksu

Cigarette is known to be hazardous to health due to nicotine and tar it contains. This is indicated on cigarette... more Cigarette is known to be hazardous to health due to nicotine and tar it contains. This is indicated on cigarette packets by health warnings. However there is less known hazard of smoking due to intake of radioactive compounds by inhalation. This study dwells upon the radioactive hazard of smoking.

Coal An Impure Fuel Source: Radiation Effects of Coal-fired Power Plants in Turkey

by Prof.Dr. İbrahim USLU

Hacettepe Journal of Biology and Chemistry volume 38 Issue 4 pp 259-268 2010
ibrahim Uslu, F. Gökmeşe

Turkish coal is generally poor quality and the levels of chemical and radiological toxic trace elements in it are... more Turkish coal is generally poor quality and the levels of chemical and radiological toxic trace elements in it are higher with respect to mean values of activity concentrations given in United Nations Scientific Committee on the Effects of Atomic Radiation (UNSCEAR) Report. The main pathways through which the population living around soal-fired power plant (CFPP) is exposed to natural radionuclides are external and internal (ingestion and inhalation) dose and fly ash particles are the major component of the risk. It is estimated that the people working or living near the CFPP in Turkey receive a dose in between 0.1 mSv to 1 mSv extra from CFPP because nearly all the region of Turkey uranium (U) and thorium (Th) content in the coal are higher than 5 ppm to 7 ppm and around 25 ppm to 40 ppm respectively. Continuous monitoring is essential to determine occupational exposure levels in all stages of the coal fuel-cycle and proper measures should be taken to prevent direct contact of the ash pile with the top soil and local drainage systems.

Prohibitions Concerning Polluting Discharges in Roman Law (con Andrea Di Porto), in Contributions to the History of Occupational and Environmental Prevention, Antonio Grieco, Sergio Iavicoli, Giovanni Berlinguer eds., Amsterdam, Elsevier Science, 1999, pp. 14 (121-134) [ISBN 0-444-50255-6]

by Lorenzo Gagliardi

Co-authored with Andrea Di Porto

Our study permitted us first of all to demonstrate that even in ancient times there existed a close relationship... more Our study permitted us first of all to demonstrate that even in ancient times there existed a close relationship between development and pollution. We then described how, starting from the relentless economic expansion of III century BC, for the first time in the Roman world the need for and concern with the preservation of environmental integrity began to be felt. We identified the judicial remedies introduced to that purpose: the public remedies, which could be requested by anybody, and the private ones, which could be resorted to only by those suffering harm as a consequence of forms of pollution produced by someone else. Public judicial remedies were introduced in the form of the popular interdicts by the praetor in the Edict, starting from II century BC. Private judicial remedies, instead, included the private interdicts (here too it is worth mentioning Labeo’s important innovative interventions) and some private actions. Finally, the last aspect highlighted by our study, and which is worth remembering, is the relevance of the single citizens in the regimen for the protection of res publicae adopted by Roman law. It was a system in which the citizen played an active role: the quivis e populo (anyone of the people) was responsible to a great extent for the protection of res publicae, through the resort to popular interdicts, remedies protecting the rights to which each member of the people was entitled, and which were based on citizens’ general right to the common use of res publicae. The model described so far certainly is the oldest pattern of protection of environmental health created by Roman law. Late in the Imperial Age, it was replaced by a more complex model, with the creation of ad hoc officers entrusted with the responsibility of some public properties, thus limiting the active role played by the single citizens in that domain.

Site closure – quick, quick...slow

by Luke Bennett

Bennett, L (2003) Site Closures, Industrial Safety Management, Vol 5(1), 25-27

The attached article was written back in 2003 when I was still in legal practice and actively advising on a variety of... more The attached article was written back in 2003 when I was still in legal practice and actively advising on a variety of industrial site decommissioning schemes across the UK. It was published in a professional journal called Industrial Safety Management and was intended as a practical synopsis of my ‘lessons learnt’ about the pitfalls of poorly thought through or hastily executed site closures (and – conversely - the benefits of adequately resourced ones). In each such project my role, as environmental lawyer, was to have regard to the material legacies that needed to be factored into the planning of abandonment, and the reality (evident to those in my role, but not necessarily to others in the closure team) that nothing physical can be totally ’closed’ and erased, even when its revenue earning potential has been scrubbed from the balance sheet.

The article’s ‘top ten tips’ remain valid today, but as my attention has now turned to a more academic perspective on abandoned sites and their after-lives I can now re-read the article from a slightly different vantage point. And in doing so I see the seeds of my more recent engagements with industrial (and military) contemporary ruins and the swirling human ecology of knowledge and materiality to be found in the after-life of such ‘abandoned’ places. For, in the aftermath of decommissioning and site closure we can see the (physical) “remains of organisational life” (Gagliardi, 1992: 3), the ‘ghosts of place’ pursued by Edensor (2005) and urban explorers, and the furtive shadows of scavengers seeking out (and ripping out) the remnant material value of such places – a value left behind in the larger organisation’s rush to the exit.

In my mind’s eye, the image of an abandoned filing cabinet (an image frequently to be found in urbex photography) provides a linkage point between the abandonment of information, the erasure of people and the laying to waste of material artefacts – all as casualties of closure. For the environmental lawyer, timescales over which physical legacies (and their health, ecosystem or other liability manifesting effects) play out are truly long-tail. The information scattered in those documents blowing across the empty building or the site knowledge that leaves with the expulsion of the ‘let go’ site foreman are truly valuable (and truly lost) corporate – and wider community - memory.

On many levels – and for many reasons – the importance of these places as “theatres of memory” (Samuel, 1994) deserve to be better cherished. The physical degradation of knowledge is shown at its most fragile in such places.

Edensor, T (2005) Industrial ruins – space, aesthetics and materiality, Berg, Oxford.

Gagliardi, P (1992) Symbols and artifacts – views of the corporate landscape, Aldine de Gruyter, New York.

Samuel, R (1994) Theatres of memory, Verso, London.

Choosing a Better Path: The Misguided Appeal of Increased Criminal Liability After Deepwater Horizon

by Joshua Fershee

Despite the potential appeal of dramatically increased liability and sentences in the wake of environmental disasters... more Despite the potential appeal of dramatically increased liability and sentences in the wake of environmental disasters like the Deepwater Horizon oil blowout in the Gulf of Mexico, this Article argues that more aggressive criminal provisions and enforcement related to environmental harms, up to and including strict criminal liability, are not likely to protect the environment better or lead to safer work environments. This Article first considers the history and legality of, and the rationale behind, policies designed to make it easier to convict allegedly responsible parties and also discusses the pursuit of increased liability in relation to disaster-related and tragedy-related events in the financial and criminal sectors. The Article then discusses the use of reduced burdens and strict liability in environmental law in both civil and criminal contexts, and argues that the use of strict liability is less effective than a negligence standard because it tends to reduce penalties, which can limit the direct punishment to violators, as well as the prophylactic potential of the laws. Finally, the Article concludes that, rather than reducing mens rea standards and increasing criminal liability, U.S. energy and environmental law needs to focus on encouraging proper risk assessment and risk management to promote safe and effective energy extraction and production while encouraging and protecting both the environment and the economy.

Access to Environmental Justice in England and Wales

by Phil Dines

Lisa Vanhala

This policy brief charts the slow boadening of access to environmental justice in England and Wales over the past few... more This policy brief charts the slow boadening of access to environmental justice in England and Wales over the past few decades, and examines current and future prospects with reference to the Aarhus Convention and the implications of potential reforms to the 'loser pays' fees system for legal action taken by environmental NGOs and civil society organizations.

Protecting the Future or Compromising the Present: Sustainable Development and the Law

by John Danaher